Legal Question in Real Estate Law in Kentucky
Friend of ours asked to store furniture in our basement for a couple of months. This was 2.5 yrs ago. 1yr ago, the friend died. The daughter and sole heir was told several times verbally about the furniture. She has yet to contact us to make any arrangements for the furniture. We are wanting the space back. Since the furniture has been in our possession for 2.5 yrs, and she has not made any attempts to contact us or retrieve the furniture, do we have the right to do with the furniture whatever we want? Can we sell it, give it away, trash it?
1 Answer from Attorneys
It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case. Nevertheless, you should not base any action on a mere verbal notification. The best approach for you to take is to send a certified letter (return receipt requested) to the daughter, advising her that you can no longer store her father's furniture, and that if she does not pick the furniture up within the next 30 days, you will be left with no choice but to dispose of it. If she does not reply in 30 days, you can sell, give away, or trash the furniture, as you will. Save a copy of your letter and the green reply card (signed by the daughter), for your protection.
You should not take any action, based upon my advice, without consulting an attorney and explaining all the facts to him. You are best advised to seek the services of a competent Kentucky attorney. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:
http://www.kybar.org/Default.aspx?tabid=291
Good luck!
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